Photo of page 6 of the deed (click to see whole deed)

This indenture made the 26th day of February... 1825. Between FRANCIS TREADWELL of Hartley... Yeoman, of the first part, WILLIAM HODSOLL of Sevenoaks.. gentleman, one of the executors and devisees in trust named.. by the last will and testament of James Bunce formerly of Kemsing .. esquire deceased of the second part, THOMAS TAYLOR, late of the Warren, but now of Prestons in the parish of Ightham .. gentleman of the third part, THOMAS THOMPSON of Seal in the parish of Wrotham, yeoman of the fourth part.

Whereas by a certain indenture bearing date .. 15th day of December 1818 and made or expressed to be made between [............], John Martin of the second part [............] and Thomas Taylor of the fourth part and the said Thomas Thompson of the fifth part [................] and intended to be thereby granted, released and quitted were assigned, certified and confirmed by the said John Alchin and Francis Treadwell unto the said Thomas Taylor, his executors, administrators and assigns for all the residue and remainder of a certain term of 1,000 years created by a certain indenture bearing date the 26th day of February 1810 made or expressed to be made between the said Francis Treadwell of the one part and the said John Alchin of the other part. But subject to a proviso in the same indenture contained for the reassignment, transfer and surrender of the said mortgaged premises on payment by the said Francis Treadwell, his heirs, executors or administrators unto the said Thomas Taylor, his executors, administrators or assigns of the sum of £2,200 for the same at the rate of 5% per annum on the 15th day of June then next. And by the same indenture the said hereditaments and premises were likewise assured by the said Christopher Bedingfield unto the said Thomas Thompson, his executors, administrator and assigns for the then residue of a certain other term of 1,000 years, created by an indenture bearing date the 8th day of February 1780. In trust for the said Thomas Taylor, his executors, administrators and assigns for better securing the repayment of the said sum of £2,200 and interest and subject thereto to allow the inheritance of the said premises and to protect the same from any incumbrances.

And whereas there is now due unto the said Thomas Taylor by virtue of the said recited securities the said principal sum of £2,200 and no more, all interest for the same having paid up to the day of the date hereof.

And whereas the said James Bunce duly made and published his last will and testament in writing, bearing date on or about the 22nd of January 1800, and subject to a specific bequest of certain parts of his personal property to his wife Jane Bunce, he gave, devised and bequeathed all his real and residue of his personal estate unto Andrew Hawes Dune??, Geoffrey Taylor (in the said will called Jedler Taylor) and the said William Hodsoll, and to their heirs, executors, administrators and assigns respectively, upon trust that they his said trustees or the survivors or survivor of them or the heirs, executors, administrators, and assigns of such survivor should convert the same real and personal estate into ready money and discharge thereout all the said testator's debts. And upon further trust out of the residue and remainder of the said trust monies to invest in the names of them, the said trustees, in some or one of the parliamentary funds of this kingdom or in good real security, as to them the said trustees should seem meet. Such a sum of money the interest or dividends of which wold enable them to pay unto the said testator's wife Jane Bunce, the clear cash sum of £150 for the term of her natural life. And immediately after her decease, upon trust to pay and apply the said trust monies unto and equally between the said testator's daughters Ann Bunce and Louisa the wife William Hodsoll, and the said testator's son James Bunce at the times and in manner in the said recited will particularly mentioned. And the said testator appointed the said Andrew Hawes Dyne, Geoffrey Taylor and William Hodsoll executors of his said will. And by a codicil [....] by the said testator on the 1st day of February in the same year 1800, he the said testator desired that his said trustees and the survivor of them, and the heirs, executors or administrators of such survivor should [....] the residue of the said monies to arise from the disposition and conversion [..............] or sum of money the interest or dividends of which would enable them to pay the said wife a clear annuity or yearly sum of £200 in lieu and instead of the said annuity or yearly sum of £150 in the said recited will mentioned. And the said testator appointed his said wife joint executrix with the executors in his said will named. And departed this life on the 25th day of April in the same year 1800 without having revised or altered his said will or codicil, which were duly proved in the Prerogative Court of Canterbury by the said Geoffrey Taylor, William Hodsoll and Jane Bunce alone on the 26th day of November 1801, but the said will and codicil were never proved by the said Andrew Hawes Dyne in his lifetime, and the said Andrew Hawes Dyne and Geoffrey Taylor have both since departed this life, leaving the said William Hodsoll the only surviving trustee of the said principal trust monies, who having been applied to by the said Francis Treadwell for the loan of £2,500 part thereof, hath agreed to lend and advance the said Francis Treadwell the same. And it hath been agreed between the said Francis Treadwell and William Hodsoll that the repayment thereof with interest after the rate and in manner hereinafter mentioned, shall be secured by the conveyance and assignments of the said messuage or tenement, farm, hereditaments and premises in manner hereinafter expressed and also by the warrant of attorney of the said Francis Treadwell and judgement to be entered up thereon against him.

And whereas in part performance of the said agreement, the said Francis Treadwell hath executed a deed poll or warrant of attorney bearing even date with these presents, authorising certain attorneys of His Majesty's Court of King's bench at Westminster to confess a judgement agains him in the same court in an action of debt at the suit of the said William Hodsoll, for the sum of £5,000 besides costs of judgement with a defeasance

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For staying execution on the said judgement until delay shall be made in payment of the said sum of £2,200 or the interest thereof by the date and time and in manner hereinafter mentioned.

Now this deed witnesseth that in further pursuance of the said agreement and for and in consideration of the said sum of £2,200 and of the said sum of £2,200 by the said William Hodsoll paid to the said Thomas Taylor at the request of the said Francis Treadwell as hereinafter mentioned and also in consideration of the further sum of £300 residue of the said sum of £2,500 to the said William Hodsoll in hand well and truly paid to the said Francis Treadwell at or immediately before the sealing and delivery of these presents, the receipts and payments of which said two [....] sums of £2,200 and £300, making together the said sum of £2,500 the said Francis Treadwell doth thereby admit and acknowledge and of and from the same and due [...] thereof respectively [............] and discharge the said William Hodsoll, his heirs, executors, administrators and assigns forever by these presents

And the said Francis Treadwell hath granted, bargained, sold, aliened, released and confirmed and by these presents. Doth grant, bargain, sell, alien, release and confirm unto the said William Hodsoll in his actual possession now being, by virtue of a bargain and sale to him thereof made by the said Francis Treadwell, in consideration of five shillings by indenture bearing date the one next before the day of the date of these presents, for the term of one whole year to be computed from the one next before the day of the date of the said indenture of bargain and sale by force of the statute made for the transferring of uses into possession, and to his heirs and assigns. All that messuage or tenement or farm house commonly called Feerbi House, and the barns, stables, edfices, outhouses and buildings, yards, gardens and orchards to the same belonging. And all those several pieces or parcels of arable, pasture and woodland with their and every of their appurtenances to the said messuage or tenement also belonging and therewith used and enjoyed heretofore described to contain in the whole by estimation 180 acres be the same more or less, but upon a recent admeasurement thereof found to contain with the three pieces of land hereinafter mentioned to have been received in exchange by Joseph Devey 199 acres 3 roods and 21 perches, some parts of which said lands and grounds were heretofore called or commonly known by the several names and descriptions following, that is to say:

Chapel Field, otherwise Northfield (arable)
The Croft (arable)
Sifield Spring (woodland)
Great Neitherfield (arable)
Little Neitherfield (arable)
Bottom Field (arable)
Neither Spring wood (woodland)
The Grubbes Piece (arable)
Old Downs (arable)
Middle Old Downs (arable)
Little Old Downs (arable)
Great Old Downs Wood (woodland)
Little Old Downs Wood (woodland)
Hartley Hold (arable)
Westlands (arable) with the piece of woodland thereto adjoining and called Westlands Wood.

And also all that piece or parcel of land containing by admeasurement 2 acres 2 roods and 21 perches heretofore part and parcel of a field or piece of land heretofore of Joseph Devey then commonly called or known by the name of Seven Acres, situate, lying and being in the parishes of Fawkham and Hartley aforesaid. And also all that piece or parcel of woodland containing by admeasurement 3 roods and 22 perches heretofore part and parcel of a piece or parcel of woodland heretofore of the said Joseph Devey called Valley Wood, lying and being in the parish of Hartley aforesaid. And also all that other piece or parcel of the said piece of woodland called Valley Wood, containing by admeasurement 36 perches (which said three last mentioned pieces or parcels of land were by indentures of lease and release bearing date on or about the 9th and 10th days of August 1809, and made between the said Joseph Devey of the one part and the said Francis Treadwell of the other part, conveyed by the said Joseph Devey to the said Francis Treadwell, his heirs and assigns in exchange for two pieces of land of the said Francis Treadwell then belonging to his said farm, the one called Bottom Field containing 6 acres 3 roods and 9 perches, and the other called The Grubbes Piece, containing 2 acres 2 roods. The whole of which said farm and lands hereby granted and released are now commonly called or known by the several names and descriptions and up on a recent survey and admeasurement thereof are found to contain the several quantities in the schedule thereunto written or by whatsoever other name or names the said farm pieces or parcels of land and woodground or any of them are or have or hath been called or known and whether called by any name or names or not. All which said messuage or tenement farm, lands, hereditaments and premises are situate, lying and being in the several parishes of Hartley, Ash next Ridley and Fawkham in the said county of Kent, or in some or one of them and (except the said lands taken in exchange as aforesaid) were formerly in the tenure of John Overy, afterwards in the several tenures or occupations of Thomas Young deceased and Richard Glover or one of them, their or one of their assigns or undertenants, afterwards of Richard Treadwell since deceased and the said Richard Glover, their or one of their undertenants or assigns, since in the tenure or occupation of the said Richard Treadwell, his assigns or undertenants. And the whole thereof including thes aid pieces of land taken in exchange are now in the tenure or occupation of the said Francis Treadwell or his tenants. And all other the messuages, lands, tenements and hereditaments of him the said Francis Treadwell situate in the said several parishes of Hartley, Ash next Ridley and Fawkham or in one or either of them in the said county of Kent. Together with all and singular houses, outhouses, edifices, buildings, ways, paths, passages, yards, gardens, orchards, waters, watercourses, woods, underwoods, commons, fordings, timber and other trees, hedges, hedgerows, ditches, mounds, banks, fences, enclosures, profits, produces, rents, easements,

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commodities, emoluments, advantages, rights, members and appurtenances whatsoever to the said messuage or tenement, farm, lands, hereditaments and premises belonging or in any wise appertaining, or accepted, reputed, received, taken or known as part, parcel or member thereof or of any part thereof. And the reversion and reversions, remainder and remainders, yearly and other rents, issues and profits thereof and of every part and parcel thereof. And all the estate, right, title, interest, inheritance, use, trust, possession, benefit, property claim and demand whatsoever, both at law and in equity of him the said Francis Treadwell of, unto or out of the same premises, every or any part or parts thereof. Together with all deeds, evidences, muniments, and writings now in the hands, custody or power of him the said Francis Treadwell or which he or his heirs can or may get at or obtain without suit at law or in equity, relating to the said premises or any part thereof.

To have and to hold the said messuage or tenement, farm, lands, hereditaments and all and singular other the premises hereby granted and released, or intended so to be with their and every of their appurtenances unto the said William Hodsoll, his heirs and assigns. To the use of the said William Hodsoll, his heirs and assigns forever. Nevertheless upon the trusts and to and for the uses, trusts and purposes hereinafter mentioned, expressed and declared of [....] the same, that is to say. Upon trust in the first place to [....] him the said William Hodsoll, his executors, administrators and assigns, the repayment of the said sum of £2,500 together with interest for the same, after the rate of £4 10s for every £100 by the year on the 29th day of September now next ensuing the date of these presents without any deduction or abatement whatsoever out of the same or any part thereof, pursuant to the proviso and covenant hereinafter in that behalf contained. And in the mean time to permit and suffer the said Francis Treadwell, his heirs and assigns to hold and enjoy and receive and take the rents and profits of the said hereditaments and premises to and for his and their own use and benefit.

And upon further trust that after default shall be made in payment of the said sum of £2,500 and interest or of any part thereof as aforesaid, he the said William Hodsoll, his heirs, executors, administrators or assigns shall and may of his and their sole authority and without any consent or concurrence of the said Francis Treadwell, his heirs, executors, administrators or assigns, at any time or times thereafter when he or they shall in his or their discretion think proper, make sale and absolutely dispose of the said messuage or tenement, farm, lands, hereditaments and premises hereby granted and released or intended so to be or any part or parcel thereof, either in one lot or several lots and either by public auction or private contract to any person or persons willing to purchase the same fror such price or sum of money, as the said William Hodsoll, his heirs, executors, administrators or assigns shall think proper, with power for him and them to purchase in the same or any part thereof by auction without liability for any loss which may arise thereby, and for such purpose to enter into, make and execute all such contracts, assurances, deeds, matters and things as he the said William Hodsoll, his heirs, executors, administrators or assigns shall think proper and expedient.

And upon this further trust that he the said William Hodsoll, his heirs, executors, administrators and assigns do and shall by, with and out of the rents and profits, if any, of the said messuage or tenement, farm, lands, hereditaments and premises hereby granted and released or intended so to be, which shall be received by him and them respectively, and also by and out of the money which shall arise by or from such sale or sales as aforesaid in the first place pay, satisfy and discharge the costs, charges and expenses attending such sale or sales, and the making out and perfecting the title to the said premises and in enforcing an contract for the purchase thereof. And in the next place to retain the said principal sum of £2,500 and the interest thereof after the rate aforesaid, or so much thereof as shall then remain unpaid. And after the several payments aforesaid, do and shall pay the residue (if any) of the said trust monies unto the said Francis Treadwell, his executors, administrators or assigns, or as he or they shall direct.

And it is hereby expressly agreed between the said Francis Treadwell and William Hodsoll, that in the execution of the powers and trusts aforesaid, the said William Hodsoll, his heirs, executors, administrators and assigns shall not be answerable or accountable for any more money than he or they shall reserve, or be answerable for any involuntary loss.

And it ishereby further agreed by and between the said Francis Treadwell and William Hodsoll that the receipt or receipts of the said William Hodsoll, his heirs, executors, administrators, or assigns for any sum or sums of money payable to him or them under the powers and trusts for sale hereinbefore contained or otherwise by virtue of these presents, shall effectually discharge the respective purchaser of the said premises or any part thereof, or other the person or persons paying such money from the amount which in such receipts shall be respectively acknowledged to be reserved of and from all liability for any loss or misapplication thereof, and also from all obligation of enquiring into the propriety of any such sale or disposition of the said premises, or whether such default was made by the said Francis Treadwell, his heirs, executors, or administrators as hereinbefore is mentioned.

Provided always and it is hereby further agreed that after such default as aforesaid, it shall be lawful for the said William Hodsoll, his executors, administrators or assigns to file any bill for the performance of the equity of redemption of the said premises or to adopt any other legal or equitable proceedings which mortgagees are entitled to, instead of exercising the power and trusts for sale hereinbefore contained, if he or they shall think proper so to do, notwithstanding the powers of sale hereinbefore given to him and them , and that such powers of sale shall not in any wise preclude or affect the right of the said William Hodsoll, his heirs, executors, administrators or assigns to have the benefit and advantage or any other legal or equitable proceedings which he or they might be entitled to have recovery? To by virtue of these presents, if the said powers of sale were not contained therein.

Provided also and it is hereby further agreed between the said Francis Treadwell and William Hodsoll, in case default shall be made in payment of the said sum of £2,500 or the interest thereof or any part thereof contrary

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to the proviso and agreement hereinafter contained for payment of the same and the true intent and meaning of these presents that then and from thenceforth and so long afterwards as the said Francis Treadwell, his heirs or assigns shall hold and occupy some part of the said hereditaments and premises, he and they shall pay for the part so occupied the annual sum or rent of £127 10s of lawful money of Great Britain in equal half yearly payments on the 25th day of March and the 29th day of September in every year without any deduction or abatement thereat for any matter, cause or thing whatsoever, and that in case default shall be made in payment of such rent for the space of 14 days after such time appointed for the payment thereof, it shall be lawful for the said William Hodsoll, his executors, administrators or assigns to enter into and distrain for the same and all costs upon the hereditaments and premises which shall be so occupied by the said Francis Treadwell, his heirs or assigns in like manner as landlords may for rents reserved in common leases for years.

Provided always and it is hereby agreed and declared between and by the said Francis Treadwell and William Hodsoll that if he the said Francis Treadwell, his executors or administrators do and shall well and truly pay or cause to be paid unto the said William Hodsoll, his executors, administrators or assigns at or in the Common Laws Hall of Lincolns Inn in the county of Middlesex, the full and just sum of £2,200 of lawful money of Great Britain with interest for the same after rate of £4 10s for every £100 by the year on the 29th day of September now next ensuing without any deduction or abatement whatsoever out of the same or any part thereof, for or in respect of any taxes, rates, charges or impositions whatsoever already taxed, assessed or imposed or hereafter to be taxed, assessed or imposed by authority of parliament or otherwise howsoever on the said messuage or tenement, farm, lands, hereditaments and premises hereby granted and released or intended so to be or any part thereof, or on the said sum of £2,200 and interest or any part thereof or on the said William Hodsoll, his heirs, executors, administrators or assigns in respect thereof or for or in respect of any other matter or thing whatsoever then from and immediately after such payment to be so made as aforesaid, the said William Hodsoll, his heirs or assigns shall and will at the request of the said Francis Treadwell, his heirs, executors or administrators recover and assure the said hereditaments and premises hereby granted and released or intended so to be as aforesaid with their and every of their appurtenances unto and to the use of the said Francis Treadwell, his heirs and assigns or as he or they shall direct, freed and discharged of and from all incumbrances whatsoever done or committed by him the said William Hodsoll, his heirs, executors, administrators or assigns.

And the said Francis Treadwell for himself, his heirs, executors and administrators doth hereby covenant, promise and agree with and to the said William Hodsoll, his executors, administrators and assigns in manner following, that is to say, that he the said Francis Treadwell, his heirs, executors or administrators shall and will well and truly pay or cause to be paid unto the said William Hodsoll, his executors, administrators or assigns the said sum of £2,500 with interest for the same after the rate aforesaid at the place and time and in manner hereinbefore mentioned and appointed for payment thereof, and according to the true intent and meaning of these presents.

And also that the said Francis Treadwell was at the time of sealing and delivering these presents lawfully, rightfully and absolutely seised of or well and sufficiently entitled to the said messuage or tenement, farm, lands, hereditaments and premises hereby granted and released or mentioned and inteneded so to be and every part thereof with the rights, members and appurtenances thereto belonging, of a good, sure, perfect, lawful, absolute and indefeasible estate of inheritance in fee simple in possession without any manner of condition, use, trust, power of revocation, equity of redemption, remainder or limitation of any use or uses or any other restraint, matter or thing whatsoever to alter, change, charge, defeat, encumber, revoke, or make void the same, except as appears by these presents.

And also that he the said Francis Treadwell now hath in himself good right, full power and lawful and absolute authority to grant, release and convey the said messuage or tenement, farm, lands, hereditaments and premises with their and every part of their appurtenances, unto and to the use of the said William Hodsoll, his heirs and assigns, in manner aforesaid and according to the true intent and meaning of these presents.

And further that in case default shall happen to be made in payment of the said sum of £2,500 or the interest thereof, or any part of the same respectively according to the true intent and meaning of the same proviso and covenant for payment of the same, then and from thenceforth it shall and may be lawful for the said William Hodsoll, his heirs and assigns and he and they are hereby expressly authorised and empowered peaceably and quietly to enter into and upon and to have, hold, occupy, possess and enjoy all and singular the said messuage or tenement, farm, lands, hereditaments and premises hereby granted and released or mentioned or intended so to be, with their and every of their appurtenances, and to receive and take the rents, issues and profits thereof and every part thereof to his and their use and benefit, without any lawful let, suit, trouble, hindrance, molestation, eviction, interruption or disturbance whatsoever of, from or by the said Francis Treadwell, his heirs or assigns, or any person or persons whomsoever. And that free and clear and freely, clearly and absolutely acquitted, exonerated and discharged or otherwise by the said Francis Treadwell, his heirs, executors or administrators well and sufficiently saved, defended, kept harmless and undiminished of, from and against all former and other gifts, grants, bargains, sales, leases, releases, mortgages, jointures, dowers, uses, trusts, wills, entails, statutes, recognisances, forfeitures, judgements, executions, extents, rent and arrears of rent and of, from and against all and singular, former and other estates, titles, charges and incumbrances whatsoever.

And moreover that he the said Francis Treadwell his heirs and assigns and all and every other person and persons, now or at any

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time hereafter having or lawfully claiming any estate, right, title, trust or interest either at law or in equity of, into or out of the said messuage or tenement, farm, lands, hereditaments and premises hereby granted and released or mentioned or intended so to be or any part or parcel thereof shall and will from time to time and at all times hereafter so long as the said principal sum of £2,500 or the [....] any part thereof shall remain due upon every the reasonable request of the same William Hodsoll, his heirs, executors, administrators or assigns, but at the proper costs and charges in all things of the said Francis Treadwell, his heirs, executors or administrators make, do, acknowledge, levy, suffer, execute and perfect, or cause and procure to be made, done, acknowledged, levied, suffered, executed and perfected all and every such ???? and other lawful and reasonable deeds, decrees, conveyances and assurances in the law whatsoever for the further, better, more perfectly and absolutely conveying, assuring and confirming all and singular the said hereditaments and premises hereinbefore granted and released or mentioned or intended so to be with their and every of their appurtenances; and the possession, reversion and inheritance of the same respectively unto and to the use of the said William Hodsoll, his heirs and assigns, but upon the trusts aforesaid, as the said William Hodsoll, his heirs, executors, administrators or assigns, or his or their counsel in the law shall reasonably advise or devise and require.

And this indenture further witnesseth that for the consideration aforesaid and also in consideration of the sum of £2,200 of lawful money of Great Britain to the said Thomas Taylor in hand well and truly paid by the said William Hodsoll (at the request in and to the direction of the said Francis Treadwell) testified by his being a party to and executing these presents, the receipt of which said sum of £2,200 and that the same was in full satisfaction and discharge of and for all principal monies and interest due to the said Thomas Taylor under or by virtue of the said hereinbefore recited securities, he the said Thomas Taylor doth hereby admit and acknowledge; and from the same sum and every part thereof doth fully and absolutely acquit, release, exonerate and discharge the said William Hodsoll and Francis Treadwell respectively, and their respective heirs, executors, administrators and assigns, and also the said hereditaments and premises contained in his said mortgage security and each and every of them forever by these presents. He the said Thomas Taylor (at the like request and by the like direction of Francis Treadwell) and on the nomination of the said William Hodsoll, testified by their respectively being parties to and executing these presents hath bargained, sold, assured, transferred and set over and by these presents doth bargain, sell, assign, transfer and set over unto the said Miles Crow, his executors, executors, administrators and assigns. All that and those the said messuage or tenement, farm, lands, hereditaments and premises hereinbefore particularly mentioned and described or such and so many of them as were and are comprised in the said hereinbefore recited indenture of the 15th day of December 1818, and are now vested by virtue thereof or otherwise in the said Thomas Taylor, with their and every of their appurtenances. And all the estate, right, title, ????, term and terms for years yet to come and unexpired, benefit, property, claim and demand whatsoever both at law and in equity of him the said Thomas Taylor of, into or out of the same premises every or any part or parcel thereof. To have and to hold the said messuage or tenement, farm, lands and all and singular other the hereditaments and premises hereby assured or intended so to be with their and every of their appurtenances unto the said Miles Crow, his executors, administrators, and assigns for all the rest, residue and remainder yet to come and unexpired of the said term of 1,000 years created by the said hereinbefore recited indenture of the 26th day of February 1810 and vested in the said Thomas Taylor by virtue of the said hereinbefore recited indenture of the 15th day of December 1818. Upon the trusts nevertheless hereinafter mentioned, expressed and declared of and concerning the same. And the said Thomas Taylor doth hereby for himself, his heirs, executors and administrators covenant and declare with and to the said William Hodsoll and Miles Crow and with and to each of them and each of their executors, administrators and assigns that he the said Thomas Taylor hat not at any time or times heretofore make, done, executed or been party or privy to or willingly or willingly suffered any act, deed, matter or thing whatsoever, whereby or by reason or means whereof the said messuage or tenement, farm, lands, hereditaments and premises hereby assigned by him or intended so to be, or any part or parcel thereof are, is, can, shall or may be impeached, charged, incumbered or otherwise prejudicially affected in title, estate or otherwise howsoever, or the residue of the said last mentioned term of 1,000 years therein surrendered or become void or voidable.

And this indenture further witnesseth that in further pursuance of the said agreement and for and in consideration of 2 shillings of like lawful money to the said Thomas Thompson in hand well and truly paid by the said James Fray, at or before the creation of these presents (the receipt whereof is hereby acknowledged), he the said Thomas Thompson at the request and by the direction of the said Francis Treadwell and Thomas Taylor, and on the nomination of the said William Hodsoll, testified as aforesaid, hath bargained, sold, assigned, transferred, and set over, and by these presents doth bargain, sell, assign, transfer and set over unto the said James Fry, his executors, administrators and assigns. All that and those the said messuage or tenement, farm, lands, hereditaments and premises hereinbefore particularly mentioned and described or such and so many of them as are now vested in the said Thomas Thompson, by virtue of the said hereinbefore recited indenture of the 15th day of December 1818, with their and every of their appurtenances. And all the estate, right, title, interest, term and terms for years, benefit, property, claim and demand whatsoever both at law and in equity of him the said Thomas Thompson of, into, or out of the same premises, every or any

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part or parcel thereof.

To have and to hold the said messuage or tenement, farm, lands, hereditaments and premises lastly hereby assured or intended so to be, with the appurtenances unto the said James Fry, his executors, administrator and assigns for all the rest, residue and remainder yet to come and unexpired of the said term of 1,000 years created therein by the said hereinbefore mentioned indenture of 8th day of February 1780.

Upon the trusts nevertheless thereinafter mentioned, expressed and declared and concerning the same. And the said Thomas Thompson doth hereby for himself, his heirs, executors and administrators, covenant and declare with and to the said James Fry and also with and to the said William Hodsoll, and with and to each of them and each of their executors, administrators and assigns that he the said Thomas Thompson that not at any time or times heretofore made, done, executed, been party or party to or authority or willingly suffered any act, deed, matter or thing whatsoever whereby or by reason or means whereof the said messuage or tenement, farm, lands, hereditaments and premises lastly hereby assured or intended so to be or any part thereof are, is, can, shall or may be impeached, charged, incumbered or otherwise prejudicially affected or the residue of the said last mentioned term of 1,000 years surrendered, merged, forfeited or become void or voidable.

And it is hereby declared and agreed by and between all the said parties hereto as far as they are respectively interested that they the said Miles Crow and James Fry and their respective executors, administrators and assigns shall stand possessed of and interested in the respective residue of the said two several terms of 1,000 years and 1,000 years hereinbefore respectively assured to them as aforesaid. In trust for the said William Hodsoll, the executors, administrators and assigns for better security to him and them, the repayment of the said sum of £2,500 and interest as aforesaid, and for that purpose to be respectively assured and disposed of, as he or they shall from time to time limit and direct and in the mean time and subject thereto to attend, wait upon and go along with the freehold and inheritance of the same premises in order to protect the same from all mesne charges and incumbrances if any such there be.

And lastly the said Francis Treadwell doth hereby for himself, his heirs, executors and administrators, further covenant , promise and agree with and to the said William Hodsoll, his executors, administrators and assigns, that he the said Francis Treadwell, his heirs, executors, administrators or assigns shall and will from time to time and at all times until full payment shall be made by sale of the said hereditaments or otherwise of the said sum of £2,500 and interest to the said William Hodsoll, his executors, administrators or assigns, according to the true intent and meaning of these presents, at his and their own costs and expense insure and keep insured the said messuage or tenement and all other the buildings belonging to the said premises hereby granted and released or intended so to be, from loss or damage by fire in some or one of the Public Offices kept for that purpose to be approved of by the said William Hodsoll, his executors, administrators or assigns in the sum of £1,000 at the least in the name of the said William Hodsoll, his executors, administrators or assigns and shall and will from time to time deposit the policy of such insurance and the yearly receipts for the premium thereof with the said William Hodsoll, his executors, administrators and assigns; and that if the said messuage or tenement or buildings or any part thereof shall at any time be burnt down or otherwise damaged by fire, all the monies to be received upon or by virtue of any such insurance shall be received by the said William Hodsoll, his executors, administrators or assigns, and be laid out and expended in the effectually rebuilding and reinstating the said messuage or buildings or such part or parts thereof as shall be so burnt or insured as aforesaid

In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written.

The Schedule in which the above written deed doth refer:

Chapel Field (12a 2r 25p)
Chapel Wood (4a 1r 3p)
Seven Acres (7a 3r 21p)
Nether Field (11a 0r 7p)
Little Wood (3a 0r 16p)
Nether Field Hill (12a 0r 31p)
Little Shaw (0a 1r 4p)
Further Rye Croft (7a 0r 33p)
Rye Croft (7a 1r 35p)
Parish Croft (10a 3r 2p)
Long Shaw (2a 2r 14p)
Little Nut Field (3a 1r 1p)
Orchard (4a 0r 35p)
Meadow (4a 0r 38p)
Meadow (3a 2r 12p)
House, yard, garden etc (2a 3r 19p)
Harry Saw (7a 1r 16p)
Chalkham Field (10a 0r 34p)
Eight Acres (9a 0r 27p)
Wood (3a 1r 7p)
Cottage and garden (0a 0r 31p)
Wood (0a 3r 1p)
Westlands (8a 3r 24p)
Westlands Wood (19a 3r 14p)
Hartley Hole (3a 2r 12p)
Old Down Wood (5a 1r 34p)
First Old Down (9a 3r 10p)
Second Old Down (9a 2r 37p)
Third Old Down (8a 0r 26p)
Further Old Down (5a 3r 13p)

199a 3r 21p

Plan showing land in Hartley mentioned in the mortgage

(S) Francis Treadwell, Thos Taylor, Miles Crow

(S) W Hodsoll, Thos Thompson

(Reverse)

Dated: 26th February 1825

Mr Francis Treadwell and others to Mr William Hodsoll and his trustees - Release and Assignment of a farm and hereditaments at Hartley in Kent for securing £2,500 and interest.

Received on the day of the date of the within written indenture of and from the within named William Hodsoll, the sum of £2,200 being the consideration money within mentioned to be paid by him to me.

(S) Thomas Taylor Witness: James Taylor

Received on the day of the date of the within written indenture of and from the within named William Hodsoll, the sum of £300 being the consideration money within mentioned to be paid by him to me.

(S) Francis Treadwell Witness: ?????

Signed, sealed and delivered by the within named William Hodsoll, Francis Treadwell and Thomas Thompson in the presence of (S) Thos K? Crow, Solicitor, Sevenoaks.

Signed, sealed and delivered by the within named Thomas Taylor in the presence of (S) James Taylor, Mote, Ightham.

Signed, sealed and delivered by the within named Miles Crow in the presence of (S) Richard H Crow of Wrotham